Opinion Digests

Where the trial court admitted evidence of an unspecified arrest in plaintiff’s medical malpractice case, we vacate the no-cause judgment for defendant and remand for a new trial. Plaintiff sued defendants for medical malpractice. A jury found no cause of ...

January 1, 1994Comments Off on Workers' Compensation – Remanded for Review (88041)

Where the WCAC reversed the magistrate’s finding that plaintiff was disabled due to exposure to toluene diisocyanate (TDI), we remand because the WCAC’s decision is insufficient for proper review. Plaintiff worked for a car seat manufacturer. Plaintiff had respiratory problems ...

Mediation Sanctions and Attorney Fee Award – Improper Where the trial court awarded plaintiff mediation sanctions for a claim that had not been mediated and attorney fees for a claim that defendant-no-fault insurance company was justified in rejecting because there ...

Sentencing – No Judicial Vindictiveness Where the trial judge demonstrated no actual vindictiveness when resentencing defendant, the new sentence imposed on remand is affirmed. This case is before this court on appeal after remand for resentencing. Although defendant was charged ...

Where plaintiffs failed to show that 1) the assessment of their home is at variance from undisputed facts, 2) their home was intentionally overassessed or 3) the assessment was so unreasonable that the assessor must have known that it was ...

Where defendant-city assessed plaintiff’s property as if it were not wetland, when in fact it was wetland, plaintiff is entitled to a tax refund for the years the property was improperly assessed based on mutual mistake. Plaintiff paid its taxes ...

Where plaintiff, through his silence, induced defendant-developers to rely on their legal rights to tap into a public sewer system, the trial court properly found that plaintiff is equitably estopped from claiming defendants were unjustly enriched. Plaintiff built a sewer ...

Where Magistrate Anderson denied plaintiff benefits after finding that the deterioration of plaintiff’s hip replacements was not due to work factors, the decision is supported by the record. Plaintiff said he crushed both hip bones in 1948, when he was ...